HomeMy WebLinkAboutOrdinance 27903-08-2025ORDINANCE NO. 27903-08-2025
AN ORDINANCE REPEALING AND RESTATING CHAPTER 16
"HEALTH AND SANITATION," ARTICLE XIX: "RECREATIONAL
AQUATIC SPRAYGROUNDS," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, TO RENAME THE ARTICLE
"PUBLIC INTERACTIVE WATER FEATURES AND FOUNTAINS"; TO
UPDATE REGULATIONS TO ALIGN WITH CHANGES IN STATE LAW;
TO UPDATE DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect
the public health and safety of the citizens and visitors of Fort Worth by adopting minimum State
standards for construction, maintenance, and sanitation for Public Interactive Water Features and
Fountains;
WHEREAS, City Council finds it necessary to retain three higher regulatory standards
which require: 1) signage prohibiting diaper changing; 2) coliform water testing; and 3) use of
supplemental disinfection on all water features;
WHEREAS, The City Council finds it necessary to update definitions and regulations to
align with changes in state law; and
WHEREAS, The City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 16, "Health and Sanitation," Article XIX "Recreational Aquatic Spray Grounds,"
of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed and restated
in its entirety to be and read as follows:
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CHAPTER 16: HEALTH AND SANITATION
ARTICLE XIX: PUBLIC INTERACTIVE WATER FEATURES AND FOUNTAINS
§ 16-500 PURPOSE.
The purpose of this article is to protect the health and safety of the public by establishing minimum
standards for the construction, operation and maintenance of Public Interactive Water Features
and their related facilities.
§ 16-501 STATE STANDARDS ADOPTED AND APPLIED.
The standards of the following regulatory materials, in their current form and as they may hereafter
be amended, are adopted and applied into this article as if they were set forth at length herein:
TAC Title 25 Part 1 Chapter 265 Subchapter M, Sections 265.301-265.308.
§ 16-502 DEFINITIONS.
For purposes of this Article, the following terms and phrases shall have the meanings herein
designated unless a provision explicitly states otherwise.
ADEQUATE. Sufficient to accomplish the purpose for which something is intended and to such a
degree that no unreasonable risk to health or safety is presented. Complying with generally
accepted standards, principles or practices applicable to a particular trade, business, occupation or
profession is adequate with the meaning of the Article.
cm. Centimeter.
DIRECTOR. The Director of the department of Environmental Services for the City of Fort
Worth or the Director's authorized representative.
EXTENSIVELYREMODELED. The replacement of or modification to a public interactive water
feature and fountains structure, its circulation system, or its appurtenances, so that the design,
configuration or operation is different from the original design, configuration or operation. This
term does not include the normal maintenance and repair or the replacement of equipment that has
been previously approved if the size, type or operation of the equipment is not substantially
different from the original equipment.
FREE AVAILABLE DISINFECTANT. That portion of the total approved chemical disinfectant
remaining in water that is not combined with other compounds and that will react chemically with
pathogenic or other undesirable organisms.
gpm. Gallons per minute.
gpm/sf. Gallons per minute per square foot.
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mJ. Milijoule.
mJlcm2 Milijoules per centimeter squared.
OPERATING DAY. A day on which the Public Interactive Water Feature and Fountain is open to
patrons for any period of time.
OPERATING WEEK. A seven-day period beginning on Sunday and concluding on Saturday, one
or more days of which the Public Interactive Water Feature and Fountain is open to patrons.
PERSON. A natural Person, corporation, organization, business trust, estate, trust, partnership,
association or other legal entity. The term does not include government or a governmental
subdivision or agency.
pH. The negative logarithm of the hydrogen -ion concentration of a water solution; a measure of
the acidity or alkalinity of a solution expressed in standard units.
PUBLIC INTERACTIVE WATER FEATURE AND FOUNTAIN(PIWF). Any indoor or
outdoor installation maintained for public recreation that includes water sprays, dancing water jets,
waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of
wetting the Persons playing in the spray streams. PIWFs: (A) may be stand-alone PIWFs or may
share a water supply, disinfection system, filtration system, circulation system, or other treatment
system that allows water to comingle with a pool; 03) may be publicly or privately owned; (C)
may be operated by an owner, lessee, operator, licensee, or concessionaire, regardless of
whether a fee is charged for use; (D) include, but are not limited to, interactive water features or
fountains that are open exclusively to members of an organization and their guests, residents
of a multi -unit apartment building or apartment complex, residential real estate development,
or other multifamily residential area, schools, day care facilities, youth camp, or hotel or
other public accommodations facility; (E) do not include interactive water features or
fountains located on private property under the control of the property owner or the owner's tenant
serving a single-family residence or duplex and that are intended for use by not more than two
resident families and their guests; and (F) are not fountains, installations, amusement rides, or
other attractions, whether decorative or interactive, in which only incidental water contact
occurs. The term shall include the deck and all related buildings, appurtenances, and facilities
such as dressing and locker rooms, toilets, showers, and other areas designed for
operation of the facility or for use by the facility's patrons. The term does not include an artificial
body of water that meets the definition of pool under Article XVIII of this Chapter.
sf. Square foot.
SUPPLEMENTAL WATER TREATMENT SYSTEM. Disinfection processes or systems
installed in addition to the standard systems and designed to achieve a minimum 3-log (99.9%)
reduction in the number of infective Cryptosporidium.
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TAC. The Texas Administrative Code.
WASTE WATER. All water that has been dispensed or re -circulated at a PIWF. The term includes
water generated when a PIWF tank and circulation system is flushed, drained, or both. The term
does not include rain or other precipitation.
§ 16-503 PERMIT REQUIRED
(1) Every facility within the corporate limits of the City of Fort Worth that meets the definition
of a Public Interactive Water Feature and Fountain under this Article must obtain a permit
from the Director of the City's Environmental Services department in order to operate.
(2) A Person commits an offense if the Person owns, operates, or manages a PIWF without a
valid permit issued by the Director.
(3) As a condition of obtaining and keeping a permit, a PIWF shall at all times be in compliance
with:
(a) The minimum standards set forth in Tex. Administrative Code Title 25, Chapter 265,
Subchapter M, "Public Interactive Water Features and Fountains," as currently enacted,
or as it may hereafter be amended; and
(b) The technical standards set forth in Section 16-504 of this Article.
§ 16-504 TECHNICAL STANDARDS.
(a) A Public Interactive Water Feature and Fountain must comply with the technical
specifications of all subsections of this Section with respect to construction, operation and
maintenance.
(1) Water supply.
a. Water supply to the PIWF facility must meet the standards under Texas law for
public drinking water, which are currently found in Tex. Administrative Code Title
30.
b. Cross -connection between the water supply and re -circulation systems is
prohibited.
(2) Filtration.
a. Filtration must meet one of the following standards:
1. Sand filters.
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i. High -rate sand filters (pressure or vacuum) shall be properly maintained
and operated according to the manufacturer's instructions and at a filter
rate not to exceed 15 gpm/sf.
ii. Filter air release valves shall be opened as needed to remove air that
collects in the filters.
iii. Sand filters shall be backwashed at a flow rate of 12 to 15 gpm/sf or at the
rate recommended by the manufacturer.
2. Diatomaceous earth filters.
i. Diatomaceous earth filters shall be properly maintained and operated
according to the manufacturer's instructions and at a filter rate not to
exceed two gpm/sf with body feed or one and one-half gpm/sf without body
feed.
ii. Diatomaceous earth filters must be equipped with a separation tank.
iii. Used diatomaceous earth filter media, including separation tank sludge,
shall be disposed of or treated as a solid waste material in accordance with
the requirements of State law.
3. Cartridge filters.
i. Cartridge filters shall be properly maintained and operated according to the
manufacturer's instructions and at a filter rate not to exceed a maximum of
0.375 gpm/sf.
ii. Cleaning and replacement of cartridge filters must be in accordance with
the manufacturer's recommendations. One complete spare set of cartridges
shall be available at all times to facilitate cleaning.
b. Operating instructions must be permanently attached to all filters, regardless of
type.
c. All filtration systems, regardless of type, must be equipped with inlet and outlet
pressure gauges and other gauges in accordance with the manufacturer's
specifications.
d. Regardless of type, the filtration system must be equipped with flow metering
equipment to ensure that water flow does not exceed the prescribed rate.
(3) Chemical disinfection.
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a. A Public Interactive Water Feature and Fountain must:
1. Employ a type of chemical disinfectant that is approved under State law for
use with a spa.
2. Be designed and maintained so that Free Available Disinfectant levels meet state
requirements for chemical disinfection of a spa.
3. Employ a system that continually monitors and automatically controls chlorine
or bromine levels and pH balance by dispensing appropriate disinfectant in
designated intervals.
4. Be equipped with chemical metering equipment that monitors and records data
regarding Free Available Disinfectant levels to ensure that such levels are
maintained at the prescribed level.
5. Be manually tested for Free Available Disinfectant levels and recorded at least
once during each operating day.
b. Test methods shall be capable of measuring chemical ranges as set forth in Tex.
Administrative Code Title 25, Chapter 265 Subchapter M without the dilution of
PIWF water.
c. Chemical dispensing and metering equipment shall be cleaned, maintained and
repaired in accordance with the manufacturer's recommendations.
(4) Supplemental Water Treatment Systems:
a. Each pump providing water to the PIWF must be equipped with a Supplemental
Water Treatment System.
b. The Supplemental Water Treatment System shall be located so that all water
entering the PIWF is treated immediately before such water is dispensed through
a spray feature.
(5) Ultraviolet light sanitization.
a. If utilizing UV sanitation as a Supplemental Water Treatment System, in
addition to the standards set forth in Tex. Administrative Code Title 25, Chapter
265 Subchapter M, Section 265.306, the following standards apply:
1. A spare UV lamp and other necessary equipment shall be provided on -site to
allow for prompt repair by qualified personnel who are properly instructed in
the operation and maintenance of the equipment.
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2. The UV light units and light intensity meters shall be cleaned, maintained and
repaired in accordance with the manufacturer's recommendations.
3. The UV lamp(s) shall be replaced when decreased ultraviolet light intensity is
due to lamp failure.
(6) Precipitation, Waste Water and drainage system.
Waste Water from the PIWF, including filter backwash, shall be introduced to the sanitary
sewer system through an air gap equal to at least twice the diameter of the drain pipe or by
another method that will prevent backflow and back-siphonage.
(7) Fencing.
The PIWF perimeter must be enclosed or fenced in order to minimize the risk of
contamination of the spray pad surface by animals and animal waste. Acceptable fencing
types include chain link; wood or wood -like composites with slats spaced no more than
four inches apart; and iron bars spaced no more than four inches apart. If a PIWF is located
in the same enclosure as a public swimming pool/spa, the pool enclosure rules apply.
(8) Signage.
Each PIWF entry point must be posted with a sign prohibiting hanging diapers inside the
PIWF enclosure.
(9) Building codes.
Every newly constructed or Extensively Remodeled PIWF must be constructed and
maintained so as to comply with all applicable Federal, State and Local building codes
in effect for PIWF at the time the construction or remodeling occurs.
§ 16-505 FILING APPLICATION FOR PERMIT.
Prior to beginning the construction or Extensive Remodeling of a facility that meets the
definition of a Public Interactive Water Feature and Fountain under this Article, the Person
who owns, operates or manages the facility must submit a completed application for a PIWF
permit on the form promulgated by the Director. In accordance with the requirements of
this Article, the application must be accompanied by plans and specifications for the
construction or remodeling as well as all required fees.
§ 16-506 FEES.
(a) The City Council shall adopt a schedule of fees for:
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(1) Public Interactive Water Feature and Fountain permits, including an additional fee for
the reissuance of a permit after its expiration;
(2) Re -inspection;
(3) Plans review;
(4) Change of owner or operator; and
(5) Pre -permit requests for services.
(b) Fees charged for PIWF services shall be the same as those charged for services related to
pools and spas.
(c) The Environmental Services department may not issue a permit or conduct a plans review
until all applicable fees have been paid.
(d) The fee schedule shall be available to the public at the Environmental Services department.
§ 16-507 EXAMINATION, WATER TESTING AND MAINTENANCE OF
RECORDS.
(a) The owner, operator or manager of a PIWF shall examine the facility at least once during
each operating day to ensure that:
(1) The spray pad surface is undamaged, clean and free of debris;
(2) The deck and all associated buildings, appurtenances and facilities, (including but not
limited to, dressing and locker rooms, toilets and showers) are in good repair and do not
pose a threat to public health or safety;
(3) Pumps and filters are functioning properly and water is flowing at the prescribed rate;
(4) Water pH level is within the required range;
(5) Chemical disinfectant levels are within prescribed range and metering equipment is
operating properly; and
(6) The Supplemental Water Treatment System is functioning properly and within
prescribed range.
(b) The owner, operator or manager of a Public Interactive Water Feature and Fountain
shall examine the facility at least once during each operating week to ensure that:
(1) Any required ground fault circuit interrupters are functioning properly; and
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(2) Fencing around the PIWF is in good repair.
(c) The owner, operator or manager of a Public Interactive Water Feature and Fountain shall
have the water from each circulation system tested and analyzed in accordance with the
following requirements:
(1) Water testing must be performed by an agency or entity that is not affiliated with the
PIWF. Testing by a government entity, including but not limited to the City, shall satisfy
this requirement;
(2) Initial testing shall be conducted at the conclusion of the first operating day of each year;
(3) Periodic testing shall be conducted at least once every 90 days following the first
operating day of each year;
(4) The testing must include analysis to determine whether fecal coliforms are present;
(5) The testing process must include analysis for any additional physical, chemical or
microbiological parameters required by the Director; and
(6) Results of all water testing shall be filed with the Director.
(d) If any analysis required under subsection (c) above indicates the presence of fecal coliforms
or any other contaminant that poses a threat to human health, a Person with knowledge of
such analysis is under a duty to notify the Director within 24 hours.
(e) Notations shall be made regarding the results of all examinations, inspections, and tests
required under subsections (a), (b) and (c) above. These records shall be maintained on the
premises of the PIWF for a minimum of 24 months from the date of the examination or test
and shall be provided to the Director on request.
(f) The owner, operator or manager of a PIWF shall promptly correct or repair any defect or
problem discovered in the course of an examination under subsection (a) or (b) above. The
owner, operator or manager must record all repairs and maintain on the premises of the
PIWF such records for a minimum of 24 months from the date of the examination. These
records shall be provided to the Director on request.
(g) A Person commits an offense if the Person knows of the presence in PIWF water of any
organism or contaminant that poses a threat to human health and fails to notify the Director
within 24 hours.
(h) A Person commits an offense if the Person owns, operates or manages a PIWF and fails to
conduct the examinations or testing or fails to maintain the records required by this Section.
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(i) A Person who owns, operates or manages a PIWF commits an offense if the Person fails to
make required records available to the Director immediately upon request.
§ 16-508 PLANS REVIEW.
(a) Prior to beginning the construction or extensive remodeling of a facility that meets the
definition of Public Interactive Water Feature and Fountain under this Article, the owner,
operator or manager shall submit detailed plans and specifications for such construction or
remodeling to the Director for review.
(b) The plans and specifications shall indicate the proposed layout and arrangement of
mechanical, plumbing and electrical systems; construction materials of work areas; the
location, composition and dimensions of fencing; the type and model of proposed fixed
equipment and facilities; and the location, dimensions and composition of all associated
buildings or structures.
(c) A licensed professional engineer shall examine the plans and specifications for all new or
Extensively Remodeled Public Interactive Water Feature and Fountain and certify by
original signature and engineer's seal compliance with this Article.
(d) No work shall begin until the Director has received the engineer's certificate of pre -
construction, conducted a plans review, and relayed in writing to the planning and
development department that a building permit may be issued. Work shall commence and
conclude within the time allowed by building permits.
(e) If no work has begun within 180 days from the date the Director has given written notice
that work may begin, the Director may rescind such approval.
§ 16-509 PRE -OPERATION INSPECTION.
(a) Every new or Extensively Remodeled Public Interactive Water Feature and Fountain shall
be subject to inspection by the Director prior to the commencement or resumption of
operations to determine compliance of the approved plans and specifications with the
requirements of this Article.
(b) Following completion of the construction or extensive remodeling of a PIWF, a licensed
professional engineer shall inspect the new or renovated facility and certify by original
signature and engineer's seal, on a form approved by the Director, that the PIWF is
installed and constructed in accordance with the requirements of this Article.
(c) No permit shall be issued until the PIWF construction has passed the required inspections.
§ 16-510 RIGHT OF ENTRY.
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(a) The Director has the authority to enter the premises of a Public Interactive Water
Feature and Fountain, including but not limited to the PIWF facility, building,
storage area, equipment room, or office area, at all reasonable times to make an
inspection, to enforce any of the provisions of this Article, to collect water samples, to
review records, to question any Person, or to locate, to identify, and to assess the
condition of the PIWF facility, or whenever the Director has probable cause to believe that
a violation of this Article exists on such premises.
(b) The Director shall first present appropriate credentials and demand entry if the premises are
occupied. If the premises are unoccupied, the Director shall first make a reasonable attempt
to locate the owner, operator or manager of the premises and demand entry.
(c) If entry is denied or if an owner, operator or manager cannot be located, the Director shall
have every recourse provided by law to secure entry. Such recourse shall include the right to
obtain an administrative warrant under the provisions of the Texas Code of Criminal
Procedure.
§ 16-511 INSPECTION REPORTS.
(a) If the Director observes one or more violations of this Article during an inspection, the
Director shall prepare a written inspection report specifying the violation(s) observed and
ordering the owner, operator or manager to bring the facility into compliance with this Article
by a specified time. If the Director does not observe any violations of this Article during an
inspection, the Director may, but is not required to, prepare a written inspection report
detailing the results of the inspection.
(b) The Director shall furnish a copy of the inspection report to the owner, operator or manager
of the PIWF.
(c) The inspection report shall state:
"FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN
ANY OR ALL OF THE FOLLOWING: THE ISSUANCE OF CRIMINAL CITATIONS,
THE CLOSURE OF THE FACILITY, THE SUSPENSION OR REVOCATION OF YOUR
PUBLIC INTERACTIVE WATER FEATURE AND FOUNTAIN PERMIT, AND
THE EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW."
(d) A Person commits an offense if the Person owns, operates or manages a Public Interactive
Water Feature and Fountain and fails to comply with an order issued pursuant to this
Section.
§ 16-512 ISSUANCE OF PERMIT.
(a) The Director may issue an initial Public Interactive Water Feature permit only if all of the
following conditions are met:
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(1) A completed application has been filed;
(2) All required fees have been paid in full;
(3) Detailed plans and specifications demonstrating compliance with all requirements of this
Article have been submitted and reviewed by the Director or detailed plans and
specifications demonstrating compliance with some requirements of this Article have
been submitted and reviewed by the Director and the Director has granted a written
variance or waiver from compliance with any remaining requirements of this Article;
(4) A licensed professional engineer has examined the plans and specifications and certified
by original signature and engineer's seal that the plans and specifications comply with
all requirements of this Article;
(5) A pre -operation inspection by the Director has been completed and the PIWF is found
to be in compliance with all requirements of this Article; and
(6) A licensed professional engineer has inspected the PIWF and certified by original
signature and engineer's seal that the PIWF is installed and constructed in accordance
with all requirements of this Article.
(b) A permit is valid only for the PIWF for which it is issued. A separate permit shall be required
for each PIWF located on the same premises. Multiple PIWFs sharing a common circulation
and filtration system must have separate health permits. A permit is not transferable to other
Persons or PIWFs.
(c) Apermit is valid for one year from the date of its issuance unless:
(1) It is suspended or revoked by the Director;
(2) The PIWF changes ownership; or
(3) The PIWF is remodeled extensively.
§ 16-513 DENIAL OF PERMIT.
(a) The Director may deny the issuance of a PIWF permit if-
(1) Any of the technical requirements of Section 16-504 are not met;
(2) All required fees have not been paid in full;
(3) A permit application is incomplete or contains one or more materially false statements;
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(4) Plans and specifications submitted for review contain one or more false statements or
misrepresentations as to a material fact; or
(5) The Director determines that specific conditions exist that would pose a threat to public
health or safety.
(b) If a permit is denied, the Director shall provide the applicant with written notification
within ten days of the date the application is denied. Such notice shall set out the grounds
for the denial.
(c) The notice of denial must be served on the applicant by personal delivery or by certified
mail, return receipt requested, to the address listed on the application.
(d) An applicant whose permit is denied may request an appeal hearing within ten days after
receipt of the notice of denial. The appeal must be in writing, specify the reasons why the
permit should not be denied, and fled with the Director. An appeal from a denial of an
application shall be conducted in accordance with Section 16-516 of this Article.
§ 16-514 SUSPENSION OR REVOCATION OF PERMIT.
(a) After notice and hearing, the Director may suspend for up to 180 days or may revoke a
PIWF permit if-
(1) An owner, operator or manager of the PIWF fails to comply with any of the technical
requirements set forth in Section 16-504;
(2) An owner, operator or manager of the PIWF fails to comply with an inspection report
order;
(3) An owner, operator or manager of the PIWF disobeys a closure order issued by the
Director pursuant to this Article; or
(4) An owner, operator or manager of the PIWF made a materially false statement on the
permit application or there is any false statement or misrepresentation as to a material
fact in any plans and specifications submitted pursuant to this Article.
§ 16-515 CLOSURE ORDER.
(a) The Director may order a Public Interactive Water Feature and Fountain closed if the
Director determines that:
(1) The PIWF is being operated without a valid PIWF permit; or
(2) The continued operation of the PIWF will constitute an imminent hazard to the health or
safety of Persons using the facility, or those in close proximity to the facility.
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(b) After the Director closes a PIWF the owner, operator or manager of the PIWF shall
immediately:
(1) Properly post and maintain signs at all entrances to the PIWF that state "CLOSED
UNTIL FURTHER NOTICE;" and
(2) Lock all doorways and gates that form a part of the PIWF enclosure.
(c) Signs required by subsection (b) above shall be a minimum size of eight and one-half inches
by 11 inches. The lettering shall be of a contrasting color to the background. Signs shall be
positioned so that they are readily visible to a reasonably observant Person.
(d) If the owner, operator or manager of the PIWF is absent or fails or refuses to comply with
subsections (b) and (c) above, the Director may post signs and secure the premises in
accordance with this Section.
(e) A Person commits an offense if the Person is an owner, operator or manager of a PIWF
subject to a closure order and fails to comply with subsection (b) or (c) of this Section.
(f) A Person (other than the Director) commits an offense if the Person removes, defaces,
alters, covers or renders unreadable a closure sign posted by the Director.
(g) A Person commits an offense if the Person uses a PIWF that has been closed by the Director
and the PIWF bears the signage as required by Section (b)(1).
(h) A Person commits an offense if the Person is an owner, operator or manager of a PIWF
subject to a closure order and knowingly allows a Person to use the PIWF.
(i) A PIWF closed by the Director shall not resume operation until a re -inspection by the
Director determines that the facility has been brought into compliance with this Article.
0) A permit holder may appeal a closure order to the Director within three days after the
issuance of the order.
1. The appeal must:
a. Be in writing;
b. Set forth the reasons why the closure order should be rescinded; and
c. Be filed with the Director.
(k) The filing of an appeal does not stay the closure order.
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§ 16-516 HEARINGS PROCEDURES.
(a) General provisions.
(1) When notice is required to be given to a Person under this Section, it shall be in writing
and served either by personal delivery or by certified mail, return receipt requested, to
the Person's last known mailing address.
(2) Notice shall specify the date, time and place of the hearing.
(3) Notice shall be deemed received five days after it is placed in a mail receptacle of the
United States Postal Service.
(4) For purposes of this Section, the Director shall be empowered to administer oaths and
to promulgate procedural rules for the conduct of the hearing.
(5) Whenever any deadline specified in this Section falls on a Saturday, Sunday or City -
recognized holiday, the deadline shall be extended to the next regular City business day.
(6) The date of an order or ruling required to be made under this Section shall be deemed to
be the date it is signed.
(7) The administrative remedies set forth in this Section shall be in addition to any criminal
penalties or other remedies provided in the ordinances of this City or the laws of this
state.
(8) Decisions shall be made based on a preponderance of the evidence, with the City having
the burden of proof.
(b) Conduct of hearings.
(1) Upon determining that cause exists to suspend, deny or revoke a PIWF's permit, the
Director may schedule a hearing.
(2) On receipt of an appeal from a Person whose PIWF permit was denied or whose PIWF
was ordered closed, the Director shall schedule a hearing for a time no later than ten
business days following date the request for appeal is received.
(3) The Director shall send notice of the hearing to the Person and shall act as the hearing
officer.
(4) After the conclusion of the hearing, the Director shall make written findings of fact and
conclusions of law and shall issue a written decision without undue delay.
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(5) This hearing shall be deemed to exhaust the administrative remedies of the Person whose
PIWF permit was denied, suspended, or revoked or whose PIWF was closed by the
Director.
§ 16-517 NUISANCE.
(a) A Public Interactive Water Feature and Fountain is hereby declared to be a nuisance if-
(1) The technical standards mandated by Section 16-504 are not met;
(2) Water at the PIWF is not maintained so as to prevent the breeding or harborage of insects;
(3) Water at the PIWF emits an odor that is foul and offensive to a Person of reasonable
sensibilities;
(4) The PIWF is not maintained so as to prevent the breeding or harborage of vermin; or
(5) The PIWF is not maintained in compliance with this Article.
(b) The Director may give notice to immediately abate, remove or otherwise remedy a
nuisance under this Section to the owner of the property on which the nuisance is located.
(c) The notice must be in writing and served:
(1) By personal delivery to the owner, operator or manager;
(2) By certified mail, return receipt requested, to the last known mailing address for the
owner, operator or manager; or
(3) If neither personal nor certified mail service is possible:
a. By publication in the official newspaper of the City at least twice within ten
consecutive days;
b. By posting the notice on or near the front door of each building on the property to
which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, if the property contains no buildings.
(d) If the Public Interactive Water Feature and Fountain has a valid or suspended permit issued
pursuant to this Article, and the permit holder is not the same Person as the owner of the
property, notice shall also be given to the permit holder.
Ordinance No. 27903-08-2025
Page 16 of 19
(e) If the property owner does not comply with the notice within ten days of service, the
Director may enter the property containing the nuisance and do any work necessary to
abate the nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the Director to protect
the health, safety or welfare of the public from an imminent hazard, the Director may,
without complying with the notice provisions of this Section, enter the property containing
the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the City to abate a nuisance, including the cost of giving notice as
required, shall initially be paid by the City and charged to the owner of the property. The
City may assess the expenses against the real estate on which the work was done.
(h) To obtain a lien against the property, the Director shall file a statement of expenses with the
county clerk for the county in which the property is located. The lien shall be security for the
costs incurred and interest accruing at the rate of 10% per annum on the amount due from
the date of payment by the City.
(i) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(j) The remedy provided by this Section is in addition to all other remedies available under this
Article or elsewhere.
§ 16-518 PENALTIES AND ENFORCEMENT.
(a) An offense under this Article is a Class C misdemeanor punishable by a fine not to exceed
$2,000.00. Each separate occurrence of a violation or each day that a violation continues
shall constitute a separate offense.
(b) If an offense defined under this Article does not include a culpable mental state, then intent,
knowledge, or recklessness suffices to establish criminal responsibility.
(c) The Director may establish enforcement procedures that are consistent with the regulations
adopted herein in order to ensure compliance with this Article.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City
of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
Ordinance No. 27903-08-2025
Page 17 of 19
SECTION 3.
It is hereby declared to be the intention of the Council that the phrases, clauses, sentences,
paragraphs and Sections of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or Section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and Sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or Section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 5.
All violations of Chapter 16, Article XIX, of the Fort Worth City Code shall be punishable
by a fine not to exceed two thousand dollars ($2,000.00) for each violation. Each day a violation
occurs or continues to occur is a separate violation.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty provisions and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
Ordinance No. 27903-08-2025
Page 18 of 19
APPROVED AS TO FORM AND LEGALITY
Amarna Muhammad Assistant City Attorney
ADOPTED: August 26. 2025
EFFECTIVE: "A
Ordinance No. 27903-08-2025
Page 19 of 19
ATTEST:
Jannette S. Goodall
City Secretary
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ARTICLE XIX: PUBLIC INTERACTIVE WATER FEATURES
AND FOUNTAINS
GROUNDS
§ 16-500 PURPOSE.
The purpose of this article is to protect the health and safety of the public by establishing
minimum standards for the construction, operation and maintenance of reer-eational aquatie. spray
grounds nublic interactive water features and their related facilities.
� 16-501 STATE STANDARDS ADOPTED AND APPLIED.
The standards of the followinia resulatory materials, in their current form and as thev may hereafter
be amended, are adopted and applied into this article as if thev were set forth at length herein:
TAC Title 25 Part 1 Chapter 265 Subchapter M 265.301 - 265.308.
§ 16-50247 DEFINITIONS.
For purposes of this article, the following terms and phrases shall have the meanings herein
designated unless a provision explicitly states otherwise.
ADEQUATE. Sufficient to accomplish the purpose for which something is intended and to such a
degree that no unreasonable risk to health or safety is presented. Complying with generally
accepted standards, principles or practices applicable to a particular trade, business, occupation or
profession is adequate with the meaning of the article.
cm. Centimeter.
DIRECTOR. The director of the department of Bede eome-Hanse Environmental Services for the
city of Fort Worth or the director's authorized representative.
EXTENSIVELYREMODELED. The replacement of or modification to a public interactive water
feature and fountains structure, its circulation system, or its
appurtenances, so that the design, configuration or operation is different from the original design,
configuration or operation. This term does not include the normal maintenance and repair or the
replacement of equipment that has been previously approved if the size, type or operation of the
equipment is not substantially different from the original equipment.
FREE AVAILABLE DISINFECTANT. That portion of the total approved chemical disinfectant
remaining in water that is not combined with other compounds and that will react chemically with
pathogenic or other undesirable organisms.
gpm. Gallons per minute.
gpm/sf. Gallons per minute per square foot.
mJ. Milijoule.
mJlcm1 Milijoules per centimeter squared.
Page 1 of 19
OPERA TING DAY, A day on which the rv^reatianal ^qu^*i^ spray ground- public interactive water
feature and fountain is open to patrons for any period of time.
OPERATING WEEK A seven-day period beginning on Sunday and concluding on Saturday, one
or more days of which the resreatiom. 1 oque:ie spray gf public interactive water feature and
fountain is open to patrons.
PERSON, A natural person, corporation, organization, business trust, estate, trust, partnership,
association or other legal entity. The term does not include government or a governmental
subdivision or agency.
pH. The negative logarithm of the hydrogen -ion concentration of a water solution; a measure of
the acidity or alkalinity of a solution expressed in standard units.
PUBLIC INTERACTIVE WATER FEATURE AND FOUNTAIN (PIWF). Anv indoor or
outdoor installation maintained for oublic recreation that includes water sprays, dancing water iets.
waterfalls, dumoina buckets, or shooting water cannons in various arrays for the purpose of
wetting the Dersons Maving in the sorav streams. PIWFs: (A) may be stand-alone PIWFs or may
share a water suDDly, disinfection system, filtration system, circulation system, or other treatment
system that allows water to comingle with a Dool: (B) may be Dubliclv or Drivatelv owned: Public
Interactive Water Features and Fountains (C) may be operated by an owner. lessee, operator,
licensee, or concessionaire, regardless of whether a fee is charged for use: (D) include, but are not
limited to, interactive water features or fountains that are open exclusivelv to members of an
organization and their guests, residents of a multi -unit apartment building or aoartment comolex.
residential real estate development, or other multifamilv residential area, schools. day care
facilities, vouth camp, or hotel or other Dublic accommodations facility_ . (E) do not include
interactive water features or fountains located on Drivate DroDerty under the control of the property
owner or the owner's tenant serving a single-familv residence or duplex and that are intended for
use by not more than two resident families and their guests: and (F) are not fountains, installations,
amusement rides, or other attractions, whether decorative or interactive, in which onlv incidental
water contact occurs. The term shall include the deck and all related buildings. appurtenances, and
facilities such as dressing and locker rooms, toilets. showers, and other areas designed for
operation of the facilitv or for use by the facility's Datrons. The term does not include an artificial
body of water that meets the definition of pool under Article XVIII of this chapter.
_7?.EGRK T 0X4 QU4 TIG SP-Aff GROUND of P 4&Cn'1 p',&.6 or private f6eility
1al.pul water- sprayed or. aL
> >
rooms,tefm shall iftelude the deek and all related buildings, apput4eft-an-ees And- feeilifies sueh as dfessing
and leeker- toilets,
showers Emd ether- areas designed fer- eper-ation of the f4eility er- &r- use
b;y the faeiliti�'spatreas. The to,...., dee not , ,,,ae ar. arotifi a beE , weAer- that f, e4s the
€ea}rto r. *zat io .9t intended t be used for- reati/j:xal lurp
sf. Square foot.
SHOU1.0. An aet or emission is l but r� : :dater-f.
Page 2 of 19
SUPPLEMENTAL WATER TREATMENT SYSTEM. Disinfection processes or systems
installed in addition to the standard systems and designed to achieve a minimum 3-l0R (99.91/0)
reduction in the number of infective Crvntosnoridium. rnn 4 v - 4-TT4-R—F The de ioes can
pluriling used to , e .,to« t 11 - a_t spray the p trees_
tiQ or. 7lu L, tho ,.,t«QtL ezr.-d-fmi arc rpi-ayed with water- and
eensists of the play surfaeo, spray f�atures and drains.
• >disinfeet,
sa-aitize and eir-oulate the water- used for the spray pad and spray feattir-es;-
TAC. The Texas Administrative Code.
TRnE.4 TAI& 4AW The vessel used to ..11eet the .,to« k�Qr I/aJ been spr-a-yed an the spr-ay pad
and returned thr-eugh the spr-ay pad dfains.
UV ultra-,Viele4 light, ill i0 -that Y «tie of the eleet«,,,....,.g et:,. s e tr-uf with wavelengths
sher-tef than visible light but longer- than X fays-.
WASTE WATER. All water that has been dispensed or re -circulated at a RASG PIWF. The term
includes water generated when a PIWF tank and circulation system is flushed, drained, or
both. The term does not include rain or other precipitation.
§ 16-5032 PERMIT REQUIRED & PERMIT REOUIREMENTS.
(1) Every facility within the corporate limits of the City of Fort Worth that meets the definition
of a public interactive water feature and fountain under this
article must obtain a permit from the director of the city's eede eomplianee Environmental
Services department in order to operate.
(2) A person commits an offense if the person owns, operates, or manages a RASC PIWF without
a valid permit issued by the director.
(2) As a condition of obtaining and keepine a permit. a PIWF shall at all times be in compliance
with:
(a) The minimum standards set forth in Tex. Administrative Code Title 25. Chapter 265..
Subchapter M. "Public Interactive Water Features and Fountains," as currentiv enacted.
or as it may hereafter be amended, and
(b) The technical standards set forth in Section 16-504 of this article.
STATE STANDARDS ADOPT-ED AND APPLIFD-
The standards of the f ll.... ing regulatory m"sric!a, it their , ent C r and s they fflay
hereafter- be amended, are adepted and applied into this at4iele as if they Wefe set fefth at length
herein::
Page 3 of 19
(a) Te�i. Adfninistmtive Code Title
> Paft 1,
Fe tufes fmd Fou tairri
§ 16-504- TECHNICAL STANDARDS.
(a) A reef^ tional aquatic, sr,. y gfou^a public interactive water feature and fountain must
comply with the technical specifications of all subsections of this section with respect to
construction, operation and maintenance.
(b) ahnivr).. v�and may not eentiffue te opeFate under a permit that was previously issued-.
(1) Water supply.
a. Water supply to the RASGPIWF facility must meet the standards under Texas law for
public drinking water, which are currently found in Tex. Administrative Code Title 30.
b. Cross -connection between the water supply and re -circulation systems is prohibited.
Q(3} Filtration.
a. Filtration must meet one of the following standards:
1. Sand filters.
High -rate sand filters (pressure or vacuum) shall be properly maintained and operated
according to the manufacturer's instructions and at a filter rate not to exceed 15 gpm/sf.
ii. Filter air release valves shall be opened as needed to remove air that collects in the
filters.
iii. Sand filters shall be backwashed at a flow rate of 12 to 15 gpm/sf or at the rate
recommended by the manufacturer.
2. Diatomaceous earth filters.
i. Diatomaceous earth filters shall be properly maintained and operated according to the
manufacturer's instructions and at a filter rate not to exceed two gpm/sf with body feed
or one and one-half gpm/sf without body feed.
ii. Diatomaceous earth filters must be equipped with a separation tank.
Page 4 of 19
iii. Used diatomaceous earth filter media, including separation tank sludge, shall be
disposed of or treated as a solid waste material in accordance with the requirements of
state law.
3. Cartridge filters.
i. Cartridge filters shall be properly maintained and operated according to the
manufacturer's instructions and at a filter rate not to exceed a maximum of 0.375
gpm/sf.
ii. Cleaning and replacement of cartridge filters must be in accordance with the
manufacturer's recommendations. One complete spare set of cartridges shall be
available at all times to facilitate cleaning.
b. Operating instructions must be permanently attached to all filters, regardless of type.
c. All filtration systems, regardless of type, must be equipped with inlet and outlet pressure
gauges and other gauges in accordance with the manufacturer's specifications.
d. Regardless of type, the filtration system must be equipped with flow metering equipment to
ensure that water flow does not exceed the prescribed rate.
0) Chemical disinfection.
a. A Public interactive water feature and fountain must:
1. Employ a type of chemical disinfectant that is
approved under state law for use with a spa.
2. 1�— Rem vs`iar.aqueAie spray gfetinds mu Be designed and maintained so that free
available disinfectant levels meet state requirements for chemical disinfection of a spa.
3. u-..& mza for- dispeiisine€
disinfeetant. Employ a system that continually monitors and automatically controls
chlorine or bromine levels and pH balance by dispensing appropriate disinfectants in
designated intervals.
4. dam" cyst Be equipped with chemical metering equipment that monitors and records
data regarding free available disinfectant levels to ensure that such levels are maintained
at the prescribed level.
Page 5 of 19
5. e. The fee available disinfec4ant levels shall Be manually tested for free available
disinfectant levels and recorded at least once during each operating day.
1-an=arn that ea -uses the spmy feetufes t e„te...,et;eell„
ing in *..a event fee ,.hale disc f °teat levels fall
„ si a the ,.etie ,. «;b,e.l by state law f r the type f dis of eta :t ir. u6e
b. Test methods shall be capable of measuring chemical ranges as set forth in Tex.
Administrative Code Title 25. Chapter 265 Subchapter M without the dilution of PIWF water.
c. g. Chemical dispensing and metering equipment shall be cleaned, maintained and repaired
in accordance with the manufacturer's recommendations.
(4) Supplemental water treatment systems:
a. Each pump providing water to the PIWF must be equipped with a Supplemental water
treatment system.
b. The supplemental water treatment system shall be located so that all water entering the PIWF
is treated immediately before such water is dispensed through a sorav feature.
(5) Ultraviolet light sanitization.
a. If utilizing UV sanitation as a supplemental treatment system, in addition to the standards set
forth in Tex. Administrative Code Title 25. Chapter 265 Subchapter M. Section 265.306, the
followina standards apply:
a. Eaeh ptuRp providing water- to the spFay pad must be equipped with a UV sanitization unit
eefisistifi"f a fall:, ., aftz sleeve, light meter- and other- asseeiated e e„t
b. zA II=iifktEr i.ZAt iO p.73414de.7 to spmy pad shall be treated with ultm-y;.,le+ light that has e
W� g eete« at the e,,.,l of lanap life of an ..ltef ete dosage
1r 1, TT�7 t F .1 1 t b.e� 17 lid t;e,,.
6�isv=rm IA;ilt/.�[��onZiiric�3uT cA �e i2�nF�-li3vcrort�iucznir�Cjvir�{kli{�Et�f3C1. rccrirnZicc:vrc
Av'ie ved by the
dir-eeten A list of approved validati hall be kept by the dir-eeter- and made available e
requestd. For- tmits utilizing quaftz sleeves to sepafate the wmer- passing dirough the ehembef &a
Rho- 111l e the unit shall be designed t petzm t ele.,n ing of the 1grA'" �ze
windew or —lens without meshanioal disassemb1TFcr unkc utf
(PT-FE) suFfaee materials to separate the weAer- that fiews dffeugh the UV rahamber- ffem the lamps,
Page 6 of 19
the UV unit shall be designed to be readily aeraessible to the interior- and eK4efier ofthc IPTFE. The
UV unit shall be designed to L\it-as.
sensitivity t the s niti: iaf s erat .,w, shall be installed i the wall ftho wmtiwtieff-ehambef-at
the point of gr-eeAest water- depth ffem the tube or- tabes.
event the UV light intensity deer -eases below the validated setpeifA-.
malfunetien or- impending shutdevw-.
lh T'xe-R' xr timtior agaix3t elest-Fisal-sh-
dieAi
i. Tho u:��hall-be nstalloa 1& xi mm o-unligkari *-am
1. + A spare UV lamp and other necessary equipment shall be provided on -site to allow for
prompt repair by qualified personnel properly instructed in the operation and maintenance of the
equipment.
k. TheU47 ligvanit shall be leeated so t4at all water- entering the spfay pad is exposed to ultr-aviel
light ; ediately before s rah water is aispensea +t,,.,,,,,,,L a upray feature.
2. 1. The UV light units and light intensity meters shall be cleaned, maintained and repaired in
accordance with the manufacturer's recommendations.
3. +n. The UV lamp(s) shall be replaced when decreased ultraviolet light intensity is due to
lamp failure.
(6) Precipitation, waste water and drainage system.
a. <
ll RASG shall be designed and built so that fain and ethef pr-eeipitafien efdiaafily drains
to the stefm sewer- systefi+.
S. <
Waste water from the RASG PIWF, including filter backwash, shall be introduced to the sanitary
sewer system through an air gap equal to at least twice the diameter of the drain pipe or by another
method that will prevent backflow and back-siphonage.
(7) Fencing.
The RASG PIWF perimeter must be enclosed or fenced in order to minimize the risk of
contamination of the spray pad surface by animals and animal waste. Acceptable fencing types
include chain link; wood or wood -like composites with slats spaced no more than four inches apart;
and iron bars spaced no more than four inches apart. If PIWF is located in the same enclosure as
a public swimming pool/spa, the pool enclosure rules annly.
(8) Signage.
Page 7 of 19
a Each PIWF RAS6 entry point must be posted with a sign prohibiting chan2in2 diapers
inside the PIWF enclosure. 1. Bringing pets into the spfay gfetmd3-
2.
c : Z!E vy e .,+ufe ; ,.tea
3. .
k. Tr -pr Vhi&-/jbseetiea (b) must be pested in letters
that afe at least one ineh tall.
(9) Building codes.
Every newly constructed or extensively remodeled RASG PIWF must be constructed and
maintained so as to comply with all applicable federal, state and local building codes in effect for
pew PIWF's at the time the construction or remodeling occurs.
§ 16-5054 FILING APPLICATION FOR PERMIT.
Prior to beginning the construction or extensive remodeling of a facility that meets the definition
of a per :.1 aquat' public interactive water feature and fountain under this
article, the person who owns, operates or manages the facility must submit a completed application
for a RASG PIWF permit on the form promulgated by the director. In accordance with the
requirements of this article, the application must be accompanied by plans and specifications for
the construction or remodeling as well as all required fees.
§ 16-5066 FEES.
(a) The city council shall adopt a schedule of fees for:
(1) Public interactive water feature and fountain permits,
including an additional fee for the reissuance of a permit after its expiration;
(2) Re -inspection;
(3) Plans review;
(4) Change of owner or operator; and
(5) Pre -permit requests for services.
(b) Fees charged for RASG PIWF services shall be the same as those charged for services
related to pools and spas.
(c) The eede oemplianee Environmental Services department may not issue a permit or conduct
a plans review until all applicable fees have been paid.
(d) The fee schedule shall be available to the public at the cede-eome-..�=e Environmental
Services department.
§ 16-5076 EXAMINATION, WATER TESTING AND MAINTENANCE OF RECORDS.
Page 8 of 19
(a) The owner, operator or manager of a PIWF shall examine
the facility at least once during each operating day to ensure that:
(1) The spray pad surface is undamaged, clean and free of debris;
(2) The deck and all associated buildings, appurtenances and facilities, (including but not
limited to, dressing and locker rooms, toilets and showers) are in good repair and do not
pose a threat to public health or safety;
(3) Pumps and filters are functioning properly and water is flowing at the prescribed rate;
(4) Water pH level is within the required range;
(5) Chemical disinfectant levels are within prescribed range and metering equipment is
operating properly; and
(6) 7 T1tfavielet smifizeAien u The supplemental water treatment system is functioning
properly and ' within prescribed range.
(b) The owner, operator or manager of a public interactive
water feature and fountain shall examine the facility at least once during each operating
week to ensure that:
(1) Any required ground fault circuit interrupters are functioning properly; and
(2) Fencing around the RA-SGPIWF is in good repair.
(c) The owner, operator or manager of a public interactive water feature and fountain
feefe&zio n:J. aquetic zr,,,v, d shall have the water from each circulation system tested
and analyzed in accordance with the following requirements:ef-th�j vAb-eeetion (e).
(1) Water testing must be performed by an agency or entity that is not affiliated with the
RASQ PIWF. Testing by a government entity, including but not limited to the city, shall
satisfy this requirement.
(2) Initial testing shall be conducted at the conclusion of the first operating day of each year.
(3) Periodic testing shall be conducted at least once every 90 days following the first
operating day of each year.
(4) The testing must include analysis to determine whether fecal coliforms are present.
(5) The testing process must include analysis for any additional physical, chemical or
microbiological parameters required by the director.
(6) Results of all water testing shall be filed with the director.
Page 9 of 19
(d) If any analysis required under subsection (c) above indicates the presence of fecal coliforms
or any other contaminant that poses a threat to human health, a person with knowledge of
such analysis is under a duty to notify the director within 24 hours.
(e) Notations shall be made regarding the results of all examinations, inspections, and tests
required under subsections (a), (b) and (c) above. These records shall be maintained on the
premises of the PIWF for a minimum of 24 months from the date of the examination or test
and shall be provided to the director on request.
(f) The owner, operator or manager of a RASCPIWF shall promptly correct or repair any defect
or problem discovered in the course of an examination under subsection (a) or (b) above.
The owner, operator or manager must record all repairs and maintain on the premises of the
PIWF such records for a minimum of 24 months from the date of the examination. These
records shall be provided to the director on request.
(g) A person commits an offense if the person knows of the presence in RASG PIWF water of
any organism or contaminant that poses a threat to human health and fails to notify the
director within 24 hours.
(h) A person commits an offense if the person owns, operates or manages a RASGPIWF and
fails to conduct the examinations or testing or fails to maintain the records required by this
section.
(i) A person who owns, operates or manages a RAS&PIWF commits an offense if the person
fails to make required records available to the director immediately upon request.
§ 16-508-7PLANS REVIEW.
(a) Prior to beginning the construction or extensive remodeling of a facility that meets the
definition of public interactive water feature and fountain
-r-e-e-r-A-A-tion-Al aquatie spray ground -
under this article, the owner, operator or manager shall submit detailed plans and
specifications for such construction or remodeling to the director for review.
(b) The plans and specifications shall indicate the proposed layout and arrangement of
mechanical, plumbing and electrical systems; construction materials of work areas; the
location, composition and dimensions of fencing; the type and model of proposed fixed
equipment and facilities; and the location, dimensions and composition of all associated
buildings or structures.
Page 10 of 19
(c) A licensed professional engineer shall examine the plans and specifications for all new or
extensively remodeled reer-e4ioaa ^,,, atie. spray gr-o ndS public interactive water feature
and fountain and certify by original signature and engineer's seal compliance with this
article.
(d) (0 No work shall begin until the director has received the engineer's certificate of pre -
construction, conducted a plans review, and relayed in writing to the planning and
development department that a building permit may be issued. Work shall commence and
conclude within the time allowed by building permits.
(3) Devimions from approved plans shall net be petq:nitted unless the direeter- grants a varianee
5 1 oralr. .
(e) If no work has begun within 180 days from the date the director has given written notice
that work may begin, the director may rescind such advisory.
§ 16-5098 PRE -OPERATION INSPECTION.
(a) Every new or extensively remodeled public interactive water feature and fountain
shall be subject to inspection by the director prior to the
commencement or resumption of operations to determine compliance of the approved plans
and specifications with the requirements of this article.
(b) Following completion of the construction or extensive remodeling of a RSGPIWF, a
licensed professional engineer shall inspect the new or renovated facility and certify by
original signature and engineer's seal, on a form approved by the director, that the
RASGPIWF is installed and constructed in accordance with the requirements of this article.
(c) No permit shall be issued until the RAG PIWF construction has passed the required
inspections.
§ 16-51009 RIGHT OF ENTRY.
(a) The director has the authority to enter the premises of a re tic tpra;=7gfeend
public interactive water feature and fountain, including but not limited to the PIWF facility,
building. storage area. eauioment room, or office area, at all reasonable times to make an
inspection, to enforce any of the provisions of this article, to collect water samples, to review
records, to question any person, or to locate, to identify, and to assess the condition of the
PIWF facility, or whenever the director has probable cause to believe that a violation of this
article exists on such premises.
Page 11 of 19
(b) The director shall first present appropriate credentials and demand entry if the premises are
occupied. If the premises are unoccupied, the director shall first make a reasonable attempt
to locate the owner, operator or manager of the premises and demand entry.
(c) If entry is denied or if an owner, operator or manager cannot be located, the director shall
have every recourse provided by law to secure entry. Such recourse shall include the right
to obtain an administrative searslrwarrant under the provisions of the Texas Code of
Criminal Procedure.
§ 16-5114 INSPECTION REPORTS.
(a) If the director observes one or more violations of this article during an inspection, the director
shall prepare a written inspection report specifying the violation(s) observed and ordering the
owner, operator or manager to bring the facility into compliance with this article by a specified
time. If the director does not observe any violations of this article during an inspection, the
director may, but is not required to, prepare a written inspection report detailing the results of the
inspection.
(b) The director shall furnish a copy of the inspection report to the owner, operator or manager of
the RAS PIWF.
(c) The inspection report shall state:
"FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN ANY
OR ALL OF THE FOLLOWING: THE ISSUANCE OF CRIMINAL CITATIONS, THE
CLOSURE OF THE FACILITY, THE SUSPENSION OR REVOCATION OF YOUR
P GROUND PUBLIC INTERACTIVE WATER
FEATURE AND FOUNTAIN PERMIT, AND THE EXERCISE OF ALL OTHER REMEDIES
ALLOWED BY LAW."
(d) A person commits an offense if the person owns, operates or manages a public interactive water
feature and fountain and fails to comply with an order issued
pursuant to this section.
§ 16 511 1, A DT A lU!''7'
of c :2'1'.\'<ii
time in or-def to eemply with the r-equir-ements of this aftiele by stibmitting a vffittefi request fb-r- a
an esfima4ed date by whieh the :al z faa ' arrr�J : s�
— a) Tk/-- .
p'aJrc w ;
Page 12 of 19
with the p „(s) . „id rcwa'.t in cubuau.:tial
(d) An individual ►:i o iL b7ant �, ir.-'v:-4iflg
the effeetive cat h the . z is
speeified by the dir-eet
*46-511 `ILA3
(a) AnaA mo, epeFater- manager- of a rer.rcat.,oxal
€rem -ens or more
t
(b)—A-reques ii or- mmg Gleafly identify the see ., a*isiefKa) at iavAa and ma
demeastmate ohm. the, *nate fnetheds pr-evide adequate pfateetien ef the health and -
ram t y e the p„ -1-i
being pfepesed will do,,ueAely p teet the health and saf ty efthe publ ,
(d) A wai*er- granted undef this seetion will F-A-M—AiR ifi efffeet btA shall h-e- Fevek--A-d-
provide the o%%ef, oper-ater- -a-,mw'laaa" of the u n cC .,,;tt, , ...:tto„ Bet;ao tt,at tt,o , hop„
fo v o er-0
§ 16-5123 ISSUANCE OF PERMIT.
(a) The director may issue an initial Public Interactive Water Feature reereaticual,--,quatio splash
gfetwd permit only if all of the following conditions are met:
(1) A completed application has been filed;
(2) All required fees have been paid in full;
(3) a Detailed plans and specifications demonstrating compliance with all requirements of
this article have been submitted and reviewed by the director; or
(4) e: A licensed professional engineer has examined the plans and specifications and
certified by original signature and engineer's seal that the plans and specifications comply with all
requirements of this article; or—
b—
cxd eeft•fiod by
re t�t® and the d;«ector :N,U Wanted vaffi-Aoor-waiver- from
eaWlianee with any r�ir-e .,e is fthis a4iele.
Page 13 of 19
(5) -a A pre -operation inspection by the director has been completed and the RASGPIWF is
found to be in compliance with all requirements of this article; and-e-
(6) a-. A licensed professional engineer has inspected the RASOPIWF and certified by original
signature and engineer's seal that the RASGPIWF is installed and constructed in accordance with
all requirements of this article.;;-er
h. A 14censed professional@agin_@1W 1!w imp orSgisaq 3igneAae
andengineer's seal tl,.,t the v A cr3 is irexY.1 d ix aN^rdanee w:d e
(b) A ...ormit er-afAed , „def this a fie i valid for a e ! 1 f efie Y o .
(b) A oermit is valid onlv for the PIWF for which it is issued. A separate Dermit shall be reauired
for each PIWF located on the same oremises. Multivle PIWFs sharin-a a common circulation and
filtration system must have separate health permits. A permit is not transferable to other persons,
or PIWFs.
(c) A Dermit is valid for one year from the date of its issuance unless:
It is suspended or revoked by the director:
The PIWF chances ownership: or
The PIWF is remodeled extensively.
§ 16-5134 DENIAL OF PERMIT.
(a) The director may deny the issuance of a RASOPIWF permit if:
(1) Any of the technical requirements of § 16-5034 are not met;
(2) All required fees have not been paid in full;
(3) A permit application is incomplete or contains one or more materially false statements;
(4) Plans and specifications submitted for review contain one or more false statements or
misrepresentations as to a material fact; or
(5) The director determines that specific conditions exist that would pose a threat to public
health or safety.
(b) If a permit is denied, the director shall provide the applicant with written notification within
ten days of the date the application is denied. Such notice shall set out the grounds for the
denial.
Page 14 of 19
(c) The notice of denial must be served on the applicant by personal delivery or by certified
mail, return receipt requested, to the address listed on the application.
(d) An applicant whose permit is denied may request an appeals hearing within ten days after
receipt of the notice of denial. The appeal must be in writing, specify the reasons why the
permit should not be denied, and filed with the director. An appeal from a denial of an
application shall be conducted in accordance with § 16-516-7 of this article.
§ 16-5145 SUSPENSION OR REVOCATION OF PERMIT.
O After notice and hearing, the director may suspend for up to 180 days or may revoke a
reereational ^qu^*i^ ^ na PIWF permit if.
(a) (1) An owner, operator or manager of the RAS4QPIWF fails to comply with any of the
technical requirements set forth in § 16-5043;
(b) ) An owner, operator or manager of the RASGPIWF fails to comply with an inspection
report order;
(0 M An owner, operator or manager of the RAS&PIWF disobeys a closure order issued by
the director pursuant to this article; and or
(d) (4) An owner, operator or manager of the R4SG-PIWF made a materially false statement
on the permit application or there is any false statement or misrepresentation as to a material fact
in any plans and specifications submitted pursuant to this article.
§ 16-5156 CLOSURE ORDER.
(a) The director may order a public interactive water feature and fountain resreatienal- agaatie
r. I ^aI-spa closed if the director determines that:
The RAS PIWF is being operated without a valid RA-SGPIWF permit; or
Q The continued operation of the RASGPIWF will constitute an imminent hazard to the
health or safety of persons using the facility, or those in close proximity to the facility.
(b) After the director closes a aquuv^ spFay gFou PIWF, the owner, operator or
manager of the RASOPIWF shall immediately:
LU Properly post and maintain signs at all entrances to the RASO PIWF that state "CLOSED
UNTIL FURTHER NOTICE;" and
Lock all doorways and gates that form a part of the RASG PIWF enclosure.
(c) Signs required by subsection (b) above shall be a minimum size of eight and one-half
inches by 11 inches. The lettering shall be of a contrasting color to the background. Signs
shall be positioned so that they are readily visible to a reasonably observant person.
Page 15 of 19
(d) If the owner, operator or manager of the RASG PIWF is absent or fails or refuses to comply with
subsections (b) and (c) above, the director may post signs and secure the premises in accordance
with this section.
(e) A person commits an offense if the person is an owner, operator or manager of a RASGPIWF
subject to a closure order and fails to comply with subsection (b) or (c) of this section.
(f) A person (other than the director) commits an offense if the person removes, defaces, alters,
covers or renders unreadable a closure sign posted by the director.
(g) A person commits an offense if the person uses a reer-eatil GWA,&-- opxer, d PIWF that
has been closed by the director and the PIWF bears the sijanaRe as
required by subsection (b)(1) above this-sestion.
(h) A person commits an offense if the person is an owner, operator or manager of a RASGPIWF
subject to a closure order and knowingly allows a persons to use the feer-ea&tiar/al �;uatic iprx,�
ground PIWF.
(i) A RASG-PIWF closed by the director shall not resume operation until a re -inspection by the
director determines that the facility has been brought into compliance with this article.
0) (-1-) A permit holder may appeal a closure order to the director within three days after the
issuance of the order.
(22) The appeal must:
a. Be in writing;
b. Set forth the reasons why the closure order should be rescinded; and
c. Be filed with the director.
(k) (-3) The filing of an appeal does not stay the closure order.
§ 16-5167- HEARINGS PROCEDURES.
(a) General provisions.
(1) When notice is required to be given to a person under this section, it shall be in writing
and served either by personal delivery or by certified mail, return receipt requested, to
the person's last known mailing address.
(2) Notice shall specify the date, time and place of the hearing.
(3) Notice shall be deemed received five days after it is placed in a mail receptacle of the
United States Postal Service.
Page 16 of 19
(4) For purposes of this section, the director shall be empowered to administer oaths and to
promulgate procedural rules for the conduct of the hearing.
(5) Whenever any deadline specified in this section falls on a Saturday, Sunday or city -
recognized holiday, the deadline shall be extended to the next regular city business day.
(6) The date of an order or ruling required to be made under this section shall be deemed to
be the date it is signed.
(7) The administrative remedies set forth in this section shall be in addition to any criminal
penalties or other remedies provided in the ordinances of this city or the laws of this state.
(8) Decisions shall be made based on a preponderance of the evidence, with the city having
the burden of proof.
(b) Conduct of hearings.
(1) Upon 9n determining that cause exists to suspendideny or revoke a
spray gfound PIWF permit, the director may schedule a hearing.
(2) On receipt of an appeal from a person whose PIWF ai l &4u-tie splay gr-e a
perm4 was denied or whose RASG PIWF was ordered closed, the director shall schedule
a hearing for a time no later than ten business days following date the request for appeal
is received.
(3) The director shall send notice of the hearing to the person and shall act as the hearing
officer.
(4) After the conclusion of the hearing, the director shall make written findings of fact and
conclusions of law and shall issue a written decision without undue delay.
(5) This hearing shall be deemed to exhaust the administrative remedies of the person whose
PIWF hermit was denied, suspended, or revoked or whose PIWF was closed by the
Director. aggrieved:
§ 16-5179 NUISANCE.
(a) A public interactive water feature and fountain is hereby
declared to be a nuisance if.
(1) The technical standards mandated by § 16-504- are not met;
(2) Water at the PIWF is not maintained so as to prevent the breeding or harborage of
insects;
Page 17 of 19
(3) Water at the Pr,�PIWF emits an odor that is foul and offensive to a person of reasonable
sensibilities;
(4) The RASGPIWF is not maintained so as to prevent the breeding or harborage of vermin;
or
(5) The RASGPIWF is not maintained in compliance with this article.
(b) The director may give notice to immediately abate, remove or otherwise remedy a nuisance
under this section to the owner of the property on which the nuisance is located.
(c) The notice must be in writing and served:
(1) By personal delivery to the owner, operator or manager;
(2) By certified mail, return receipt requested, to the last known mailing address for
the owner, operator or manager; or
(3) If neither personal nor certified mail service is possible:
a. By publication in the official newspaper of the city at least twice within ten consecutive
days;
b. By posting the notice on or near the front door of each building on the property to which
the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, if the property contains no buildings.
(d) If the public interactive water feature and fountain feefeational aquatie sp , gmund has a
valid or suspended permit issued pursuant to this article, and the permit holder is not the
same person as the owner of the property, notice shall also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the director
may enter the property containing the nuisance and do any work necessary to abate the
nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the director to protect
the health, safety or welfare of the public from an imminent hazard, the director may, without
complying with the notice provisions of this section, enter the property containing the
nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the city to abate a nuisance, including the cost of giving notice as
required, shall initially be paid by the city and charged to the owner of the property. The city
may assess the expenses against the real estate on which the work was done.
Page 18 of 19
(h) To obtain a lien against the property, the director shall file a statement of expenses with the
county clerk for the county in which the property is located. The lien shall be security for
the costs incurred and interest accruing at the rate of 10% per annum on the amount due
from the date of payment by the city.
(i) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
0) The remedy provided by this section is in addition to all other remedies available under this
article or elsewhere.
§ 16-518-9 PENALTIES AND ENFORCEMENT.
(a) An offense under this article is a Class C misdemeanor punishable by a fine not to exceed
$2,000in ^eeer-d nee with § ' 6( . Each separate occurrence of a violation or each day that
a violation continues shall constitute a separate offense.
(b) If an offense defined under this article does not include a culpable mental state, then intent,
knowledge, or recklessness suffices to establish criminal responsibility.
(c) The director may establish enforcement procedures that are consistent with the regulations
adopted herein in order to ensure compliance with this article.
Page 19 of 19
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0795
LOG NAME: 22RECREATIONAL AQUATIC SPRAY GROUNDS ORDINANCE REVISION
SUBJECT
(ALL) Adopt an Ordinance Repealing and Restating Chapter 16 "Health and Sanitation," Article XIX "Recreational Aquatic Spray Grounds" of the
Code of the City of Fort Worth to Rename the Article "Public Interactive Water Features and Fountains", Update Definitions, Update the City's
Standards and Regulations Governing Public Interactive Water Features and Fountains, Adopt the Texas Administrative Code's Minimum
Standards Governing Public Interactive Water Features and Fountains and Name the Environmental Services Department as the Regulatory
Authority
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance repealing and restating Chapter 16 "Health and Sanitation," Article XIX "Recreational
Aquatic Spray Grounds" to rename the Article "Public Interactive Water Features and Fountains", update definitions, adopt the Texas
Administrative Code's minimum standards, update the City's higher regulatory standards and name the Environmental Services Department as
the regulatory authority.
DISCUSSION:
The purpose of this Mayor and Council Communication is for the City Council to consider adopting the attached ordinance which repeals and
restates Chapter 16 "Health and Sanitation" Article XIX "Recreational Aquatic Spray Grounds" of the City Code to rename the Article, amend
regulations to align with changes to State law, update definitions , and name the Environmental Services Department as the regulatory authority.
On March 31, 2009, the City Council approved Ordinance Number 18521, which enacted regulations governing recreational aquatic spray
grounds. These regulations have not been updated since then.
Adoption of the Article will align the City Code with state statutes and regulations and allow for seamless adoption of future revisions to meet the
minimum State standards.
The proposed changes will rename "Recreational Aquatic Spray Grounds" to "Public Interactive Water Features and Fountains" to align with State
terms and adopt minimum state regulations that: 1) allow alternate water treatment technologies for supplemental disinfection (e.g., ultraviolet light,
ozone); and 2) continue to require alarm -based alerts without secondary system shut-off devices. The Article will retain three regulatory standards
that exceed the minimum standards, which require: 1) signage prohibiting diaper changing; 2) coliform water testing; and 3) all water to pass
through primary and supplemental disinfection.
There are no additional financial burdens for the public interactive water features and fountains operator.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material impact on City funds.
Submitted for Citv Manager's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Leticia Cordero 6973
Art Franco 6975